Opinion
June 29, 1998
Appeal from the Supreme Court, Kings County (Firetog, J.).
Ordered that the judgment is affirmed.
It is well settled that the right of a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the sentencing court ( see, CPL 220.60; People v. Ellerbe, 237 A.D.2d 299). The defendant knowingly and voluntarily pleaded guilty in the presence of competent counsel after the court had advised him of the consequences of his plea during the plea allocution ( see, People v. Harris, 61 N.Y.2d 9). The defendant's bare assertion that he was innocent is insufficient to warrant withdrawal of the plea ( see, People v. Evans, 204 A.D.2d 346; People v. Chestnut, 188 A.D.2d 480). Since the basis of the defendant's application to withdraw his plea was facially without merit, no formal evidentiary hearing was necessary ( see, People v. Billings, 208 A.D.2d 941; People v. Morris, 118 A.D.2d 595).
The remaining contentions of the defendant on this appeal were not raised in his application to withdraw his plea and therefore are not preserved for appellate review ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Pellegrino, 60 N.Y.2d 636; People v. Griffin, 186 A.D.2d 820; People v. Coluccio, 170 A.D.2d 523; People v. Ellis, 163 A.D.2d 611).
Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.